Tex.
Health & Safety Code Section 172.002
Removal of Placenta from Hospital or Birthing Center
(a)
Except for the portion of a delivered placenta that is necessary for an examination described by Subsection (d), a hospital or birthing center without a court order shall allow a woman who has given birth in the facility, or a spouse of the woman if the woman is incapacitated or deceased, to take possession of and remove from the facility the placenta if:(1)
the woman tests negative for infectious diseases as evidenced by the results of the diagnostic testing required by Section 81.090 (Diagnostic Testing During Pregnancy and After Birth); and(2)
the person taking possession of the placenta signs a form prescribed by the department acknowledging that:(A)
the person has received from the hospital or birthing center educational information prescribed by the department concerning the spread of blood-borne diseases from placentas, the danger of ingesting formalin, and the proper handling of placentas; and(B)
the placenta is for personal use.(b)
A person removing a placenta from a hospital or birthing center under this section may only retain the placenta for personal use and may not sell the placenta.(c)
A hospital or birthing center shall retain a signed form received under Subsection (a) with the woman’s medical records.(d)
This section does not prohibit a pathological examination of the delivered placenta that is ordered by a physician or required by a policy of the hospital or birthing center.(e)
This section does not authorize a woman or the woman’s spouse to interfere with a pathological examination of the delivered placenta that is ordered by a physician or required by a policy of the hospital or birthing center.(f)
A hospital or birthing center that allows a person to take possession of and remove from the facility a delivered placenta in compliance with this section is not required to dispose of the placenta as medical waste.(g)
A hospital or birthing center that acts in accordance with this section is not liable for the act in a civil action, a criminal prosecution, or an administrative proceeding.
Source:
Section 172.002 — Removal of Placenta from Hospital or Birthing Center, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.172.htm#172.002 (accessed Jun. 5, 2024).
